—In ongoing Joki murder trial
Moorosi Tsiane
IN A dramatic development in the ongoing high-profile murder trial of renowned radio personality, Ralikonelo Joki, High Court Judge Tšeliso Mokoko has sharply criticized Crown prosecutor Advocate Christopher Lephuthing for misusing legal procedures.
The judge’s rebuke came after Adv Lephuthing ordered the arrest of key witness, Tšepang Monatli, in the middle of the proceedings.
The trial, which also concerns the murders of Parliament Committee Coordinator, Mothibe Mothibe and Thomello Ntsane, has been overshadowed by allegations of misconduct and controversy by Adv Lephuthing.
Tensions in court mounted when Adv Lephuthing attempted to add Monatli, a Crown witness who had previously testified as the tenth witness for the prosecution, as the fifth accused in the case.
Monatli was declared a hostile witness after withdrawing his earlier statement.
Acting on Adv Lephuthing’s instructions, police arrested Monatli on May 12, 2025, and he was formally charged in the Magistrate’s Court the next day.
Adv Lephuthing argued that Monatli’s testimony justified his prosecution and pushed to have him joined as a co-accused.
“My Lord, we intend to join the fifth accused in this matter, but his lawyer is not present before the court,” he said, noting the absence of Monatli’s attorney.
Adv Lephuthing also insisted that Monatli’s earlier statement to the police be accepted as evidence, despite the complex legal ramifications.
However, Adv Lepeli Molapo, representing the other four accused (Mothusi Tlelase, Sootho Liphoto, Kamo Phate and Moabi Sesioana) questioned the legitimacy of Adv Lephuthing’s actions.
“I am not aware of whether Adv Metsing Khoete has been fully instructed to represent the said accused, but I think it was prudent for the Crown to have inquired,” he said, highlighting potential procedural oversights.
Judge Mokoko, visibly frustrated, pressed Adv Lephuthing on the legal grounds for joining a witness as an accused in the middle of an ongoing trial.
Citing Section 274 of the Criminal Procedure and Evidence Act 1981, Judge Mokoko emphasized that proper procedures must be adhered to when dealing with hostile witnesses and that the authority to charge lies with the Director of Public Prosecutions (DPP), not the prosecutor acting impulsively.
“This witness was not even an accomplice,” Judge Mokoko said. “How is he going to defend himself now, mid-trial?”
The judge expressed concern over the implications of Adv Lephuthing’s actions, questioning the motives behind the decision to charge Monatli simply due to dissatisfaction with his testimony.
“You cannot punish him just because you are not happy with his conduct,” Judge Mokoko maintained, emphasizing the court’s role in upholding justice and due process.
After facing significant pushback, Adv Lephuthing attempted to withdraw his joinder application but maintained that Monatli would remain in custody on separate charges related to the murders of Mothibe and Ntsane.
“He still faces serious allegations,” Adv Lephuthing insisted, emphasizing the seriousness of the charges against Monatli.
But in a forceful rebuttal, Adv Molapo condemned the Crown’s handling of the situation, claiming that the actions of Adv Lephuthing and the police amounted to a violation of Monatli’s rights.
“There is no way mid-stream trial someone is just brought in as an accused person,” he argued, accusing the prosecution of manipulating witness testimonies and intimidating witnesses with coercive tactics.
Judge Mokoko, exuding visible ire, characterized Adv Lephuthing’s conduct as unjustifiable and unlawful.
“You cannot just arrest somebody and then say you are going to research while you have trampled on his right to liberty,” he said. “What justice is that? This court will not allow people to be treated like that.”
Ultimately, Judge Mokoko dismissed the application for joinder and ordered the immediate release of Monatli from custody, asserting that any further detention would be unlawful.
“Your application for joinder for this accused is refused. Any minute that man stays there is unlawful,” he said firmly, reflecting his commitment to upholding the principles of justice and due process.
Joki was killed on the night of 14 May 2023 as he drove out of his workplace, Tšenolo FM at Ha Thamae, while Mothibe and Ntsane were killed six days later in Mokema.
The trial, which has garnered significant public interest, continues as Adv Lephuthing calls upon other witnesses to present evidence in the case.
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